Basic Slag and Lime
(Jersey) Scheme 1968[1]
1 Substances
in respect of which contributions may be made
Subject to the provisions of this Scheme, contributions under this
Scheme may be made by the Minister to occupiers in respect of the following
substances, that is to say –
(a) basic slag;
(b) lime in any or all of
the following forms –
(i) all
forms of calcium oxide, calcium hydroxide and calcium carbonate,
(ii) all
forms of naturally occurring combinations of calcium carbonate and magnesium
carbonate and of the oxides and hydroxides derived therefrom,
which are commonly used for the liming of agricultural land,
including –
quicklime, ground or otherwise;
calcium hydrate, calcium hydroxide, slaked lime;
ground limestone;
ground chalk;
dried carbonate of lime.
2 Exclusion
of contributions in certain circumstances
No contribution under this Scheme shall be made in respect of –
(a) lime mixed artificially
with any other materials; or
(b) basic slag or lime –
(i) purchased
otherwise than from an approved supplier, or
(ii) where
the quantity purchased is less than half a ton.
3 Approval
of suppliers
(1) An application by a person
to become an approved supplier shall be made in writing to the Minister and the
Minister may approve such person for such period and subject to such conditions
as he or she thinks fit.
(2) In any case where the Minister
rejects an application under sub-paragraph (1), he or she shall, if so
required by the applicant, furnish to the applicant a statement in writing of his
or her reasons for rejecting the application, and shall afford the applicant a
reasonable opportunity of making representations in the matter.
(3) The Minister shall
consider any representations so made and, after such consideration, may
maintain or reverse his or her original decision.
4 Further
conditions applicable to approved suppliers
(1) Without prejudice to
any conditions imposed by the Minister by virtue of paragraph 3(1) of this
Scheme, the approval of a supplier for the purposes of this Scheme shall be
subject to the following conditions, namely –
(a) the
supplier shall undertake not to charge, or receive from, an occupier, for any
basic slag or lime in respect of which a price or a margin has been approved by
the Minister under paragraph 6 of this Scheme, a price exceeding the price so
approved or a price showing a greater margin than the margin so approved;
(b) the
supplier shall undertake to give such information and produce such accounts,
books and other documents to the Minister as he or she may require for the
purposes of this Scheme;
(c) the
supplier shall comply with any directions given to the supplier from time to
time by the Minister for giving effect to this Scheme, including directions as
to the order in which demands for basic slag or lime under this Scheme are to
be fulfilled in the event of a shortage of supplies.
(2) The fact that a person
has ceased to be an approved supplier shall not exempt the person from
compliance with any requirements made under Article 11(1)(b) of the Agriculture (Guaranteed Prices and Financial
Assistance) (Jersey) Law 1965.
5 Withdrawal
of approval
(1) The Minister may
withdraw the approval of an approved supplier in the event of a contravention
by the supplier of any of the conditions of the approval, or for any other
reason which seems to the Minister to be sufficient.
(2) Where it appears to the
Minister that the approval of an approved supplier should be withdrawn the
Minister shall, before withdrawing the approval, send to the supplier a
statement in writing setting out the reasons for the Minister’s intention
to do so, and shall afford the person a reasonable opportunity of making
representations in the matter.
(3) The Minister shall
consider any representations so made before withdrawing the approval.
6 Power
of Minister to approve prices
The Minister may from time to time approve the prices to be charged
by, or the margins to be allowed to, approved suppliers in respect of the
supply of basic slag and lime to occupiers for the purposes of this Scheme.
7 Procedure
for obtaining contributions
(1) An application for a
contribution under this Scheme shall be made in such manner, on such forms and
within such time as the Minister may determine.
(2) The Minister may
require an occupier to furnish, in support of this application for a
contribution under this Scheme, within such time, in such manner and to such
authority or person as may be specified in the requirement, such information
and to produce such accounts, invoices, receipts or other documents as may be so
specified.
(3) A contribution shall
not be payable under this Scheme in any case where –
(a) application
therefor is made otherwise than in such manner, on such forms and within such
time as may be determined by the Minister; or
(b) the
applicant fails to comply with a requirement made under sub-paragraph (2),
and the Minister may in any case refuse payment of a contribution
where application is made therefore after 31st January of the year next
following that in which the basic slag or lime was sold.
8 Calculation
of contributions
(1) Subject to the
provisions of this paragraph, a contribution under this Scheme shall be at such
rate as may from time to time be fixed by the Minister, but shall not exceed a
sum representing as nearly as may be three-fifths of the cost of acquiring the
basic slag or lime for the purpose of adding it to agricultural land, and
different rates of contribution may be fixed in respect of different kinds or
descriptions of basic slag or lime.
(2) For the purpose of
calculating the amount of a contribution to be made under this Scheme, the Minister
shall disregard –
(a) any
charges made for the transport of, or for otherwise dealing with, the basic
slag or lime after it has left the premises of an approved supplier;
(b) any
charges made by an approved supplier for credit facilities afforded by an
approved supplier to an occupier in respect of the purchase of the basic slag
or lime.
9 Provisions
to secure the economic use of basic slag and lime
(1) If at any time it
appears to the Minister that any basic slag or lime is not being used
economically or to the best advantage, the Minister may give such directions to
an occupier as the Minister thinks necessary to ensure that contributions under
this Scheme are not made in respect of basic slag or lime which is not used
economically or to the best advantage.
(2) Any directions under
this paragraph may be given to occupiers collectively by means of a notice
published in the Jersey Gazette.
(3) Where an occupier fails
to comply with any directions given under this paragraph, no contribution under
this Scheme shall be made to the occupier in respect of any basic slag or lime
added by the occupier to agricultural land in his or her occupation in
contravention of such directions.
10 Citation
This Scheme may be cited as the Basic Slag and Lime (Jersey)
Scheme 1968.